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  Monday, October 29, 2018  
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The following caselaw summaries are provided as a courtesy to Los Angeles County Bar Association members by the Metropolitan News-Enterprise www.metnews.com. Summaries from the past 90 days are archived and searchable on the LACBA Web site at www.lacba.org/news-and-publications/daily-ebriefs.
CALIFORNIA COURT OF APPEAL
Criminal Law and Procedure
When a motorist provides a false name to a police officer at a traffic stop and signs a citation with that name, that conduct is prosecutable as a misdemeanor under Vehicle Code Sec. 40504, not as a felony charge of false personation under Penal Code Sec. 529(a)(3).

People v. Henry - filed Oct. 29, 2018, Sixth District
Cite as 2018 S.O.S. 5187
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Criminal Law and Procedure
A defense attorney's concession as to all of the elements of a charged crime necessary for a conviction is permissible only if based on a knowing and informed waiver by the defendant of his right to trial on that count.

People v. Lopez - filed Oct. 26, 2018, Second District, Div. Four
Cite as 2018 S.O.S. 5191
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Criminal Law and Procedure
Defense counsel was not constitutionally ineffective in failing to request a hearing on the defendant's ability to pay his sexual offender fines, but trial courts should inquire into a defendant's financial circumstances when imposing a sexual offender fine, even in the absence of a request by the defendant.

People v. Acosta - filed Oct. 25, 2018, Sixth District
Cite as 2018 S.O.S. 5199
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Family Law
Welfare and Institutions Code Sec. 361.5(b)(3) provides that a juvenile court need not provide reunification services to a parent whose child was previously adjudicated a dependent pursuant to Sec. 300(j) as a result of physical abuse to the child's sibling, and the child was removed from the parent's custody before being returned and removed a second time because of physical abuse to the sibling.

S.V. v. Superior Court (San Bernardino County Children and Family Services) - filed Sept. 24, 2018, publication ordered Oct. 24, 2018, Fourth District, Div. Two
Cite as 2018 S.O.S. 5202
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Trusts
A testator's gift to a beneficiary, conditioned upon the beneficiary being "employed" by the testator's company, was not latently ambiguous even though the trust document did not clearly express the testator's intent if the company were sold. Since the testator did not anticipate selling his Company, he could not have intended the word "employed" to include any exception in the event of such a sale. The doctrine of impossibility was not rejected by the repeal of former Probate Code Sec. 142.

Schwan v. Permann - filed Oct. 25, 2018, First District, Div. One
Cite as 2018 S.O.S. 5205
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Modification
Uber Technologies, Inc. v. Google LLC - filed Oct. 25, 2018, First District, Div. Three
Cite as 2018 S.O.S. 5213
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Modification
National Lawyers Guild v. City of Hayward - filed Oct. 26, 2018, First District, Div. Three
Cite as 2018 S.O.S. 5214
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LACBA Counsel for Justice and the Domestic Violence Legal Services Project would like to thank William Winslow for supporting #LACBA_DVP #31DaysofAwareness campaign to raise funds to support the DVP’s ongoing efforts to help #domesticviolence victims obtain Temporary Restraining Orders and other legal remedies to protect them from their abusers. To learn more or donate to DVP, CLICK HERE.

 
 
 
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